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disbanded, such property shall be distributed in such a <br />manner as to provide for an equitable disposition among <br />the parties to the task force as mutually agreed to by <br />each party In the event that only one party <br />terminates its participation in the task force, the <br />property shall remain the property of the task force <br />until it is disbanded <br />12 SPECIAL PROVISION <br />The DEPARTMENT'S failure to insist upon the strict <br />performance of any provision of this contract or to <br />exercise any right based upon a breach thereof or the <br />acceptance of any performance during such breach, shall <br />not constitute a waiver of any right under this <br />contract <br />13 HOLD HARMLESS <br />The CONTRACTOR'S relation to the DEPARTMENT and the <br />state of Washington shall be at all times as an <br />independent contractor <br />Each party hereto agrees to be responsible <br />and assume liability for its own wrongful and <br />negligent acts or omissions, or those of its <br />officers, agents, or employees to the fullest <br />extent required by law, and agrees to save, <br />indemnify, defend and hold the other parties <br />harmless from any such liability In the <br />case of negligence of more than one party, <br />any damages allowed shall be levied in <br />proportion to the percentage of negligence <br />attributable to each party; and each party <br />shall have the right to seek contribution <br />from each of the other parties in proportion <br />to the percentage of negligence attributable <br />to each of the other pasties. <br />14 DISPUTES <br />Except as otherwise provided in this <br />agreement, any dispute concerning a question <br />of fact arising under this agreement that is <br />not disposed of by contract shall be decided <br />by the DEPARTMENT, which shall produce its <br />decision in writing and mail, or otherwise <br />furnish a copy thereof, to the GRANTEE The <br />decision of the DEPARTMENT shall be final and <br />conclusive. <br />This "Disputes" clause does not preclude the <br />consideration of questions of law in connec- <br />tion with the decision provided for in the <br />